SZGYJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1742

SZGYJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1742

Given the strictures imposed by s477(1A) of the Migration Act 1958 (Cth), the appellant's recognition that his application for constitutional writ relief was out of time, and his request to discontinue the appeal, no useful purpose would be served by allowing the matter to remain in the Court's list; the appeal was dismissed with no order as to costs.

Jurisdiction
Australia
Judgment Date
24 November 2005
Procedural Posture
Migration Appeal / Directions Hearing; Appeal Dismissed
Outcome
Appeal dismissed; no order as to costs.
Legal Topics
['protection Visa Review' 'refugee Review Tribunal' 'competency and Time Limits' 'privative Clause Decision' 'discontinuance of Appeal']
['migration Law' 'administrative Law'] ['protection Visa Review' 'refugee Review Tribunal' 'competency and Time Limits' 'privative Clause Decision' 'discontinuance of Appeal']

Case Brief

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Procedural Posture

Migration Appeal / Directions Hearing; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the appeal should remain in the Federal Court list where the appellant recognised that his Federal Magistrates Court application for constitutional writ relief was out of time and wished to discontinue the appeal.' "Whether s477(1A) of the Migration Act 1958 (Cth) rendered the earlier application incompetent because it was filed more than 28 days after the Tribunal's decision." 'Whether any issue arose under s424A of the Migration Act 1958 (Cth) in relation to information about the omission of a subpoena from the protection visa application.']

Ratio Decidendi

Given the strictures imposed by s477(1A) of the Migration Act 1958 (Cth), the appellant's recognition that his application for constitutional writ relief was out of time, and his request to discontinue the appeal, no useful purpose would be served by allowing the matter to remain in the Court's list; the appeal was dismissed with no order as to costs.

Court Disposition

Appeal dismissed; no order as to costs.

Orders

  • ['The appeal be dismissed.' 'There be no order as to costs.']